N.J. Admin. Code § 13:39A-3.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:39A-3.6 - Prohibition on excessive fees; overutilization

(a) A licensee shall not charge an excessive fee for services. A price is excessive when, after review of the facts, a licensee of ordinary prudence would be left with a definite and firm conviction that the price is so high as to be manifestly unconscionable or overreaching under the circumstances.

(b) Factors which may be considered in determining whether a price is excessive include, but are not limited to, the following:

1. The time and effort required;

2. The novelty and difficulty of the professional intervention;

3. The skill required to perform the intervention properly;

4. Any requirements or conditions imposed by the patient or by the circumstances;

5. The nature and length of the professional relationship with the patient;

6. The nature and circumstances under which the services were provided (for example, emergency, home visit).

(c) A licensed physical therapist shall not provide intervention or conduct testing which in light of the patient's history and findings are unwarranted and unnecessary.

(d) A licensed physical therapist shall not charge a fee to a patient or a third party payor for an intervention or other physical therapy which is unwarranted and unnecessary.

(e) Charging an excessive fee shall constitute professional misconduct within the meaning of N.J.S.A. 45:1-21(e) and may subject the licensee to disciplinary action.

N.J. Admin. Code § 13:39A-3.6

New Rule, R.1996 d.325, effective 7/15/1996.
See: 28 N.J.R. 1925(b), 28 N.J.R. 3598(b).
Amended by R.2001 d.239, effective 7/16/2001.
See: 33 N.J.R. 1309(a), 33 N.J.R. 2483(a).
Rewrote (b); in (c), inserted "licensed" preceding "physical therapist" and substituted "provide intervention" for "render treatment"; rewrote (d).